Digital Commons Network^™

Strickland-Lite: Padilla’S Two-Tiered Duty For Noncitizens, César Cuauhtémoc García Hernández

Maryland Law Review

No abstract provided.

The Maryland Legal Aid Bureau: Decades Of Service And Reform, José Felipé Anderson

Maryland Law Review

No abstract provided.

Proactive And Self-Referred Care And Counseling In The Workplace : A Study Of Utilization And Effectiveness, Mark Robert Labonde

ATS Dissertations

No abstract provided.

Cutting Off Our Nose To Spite Our Face: The Real Consequences Of I-9 Audits Considered Through A Case Study Of Brewster, Washington, Gregory C. Cunningham

Journal of Hate Studies

The phrase “cutting off one’s nose to spite the face” has many meanings, most of them violent and, historically, sometimes literal. In our times, its meaning is colloquial and suggests a needless, disproportionate, and self-destructive response to a perceived threat. This strangely violent phrase aptly describes what is happening in small agricultural communities across the country. One such community is Brewster, Washington, where Immi- gration and Customs Enforcement (ICE) carried out I-9 audit of Gebbers Farms, Brewster’s major employer, in December of 2009. After presenting the Gebbers Farms case, I discuss what this example from one small town in North …

Security Scanners In Comparative Perspective, Gregory S. Mcneal

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Worse Than Spilled Milk: A Cry For Casualty Loss Reform In The Wake Of The Deepwater Horizon Disaster, Emily Myers

Case Western Reserve Law Review

No abstract provided.

Re-Punishing The Innocent: False Confession As An Unjust Obstacle To Compensation For The Wrongfully Convicted, Gregory P. Scholand

Case Western Reserve Law Review

No abstract provided.

Developments In Adr, Tania Sourdin, Nadja Alexander

Research Collection Yong Pung How School Of Law

Alternative Dispute Resolution (ADR) processes are now widely used throughout Australia to resolve and manage disputes without the need to use traditional rights-based processes such as litigation. ADR usually refers to dispute resolution processes that are 'alternative' to traditional court proceedings. ADR is also now used as an acronym for 'assisted', 'additional', 'affirmative', or 'appropriate' dispute resolution processes within the Australian environment. ADR processes can be used across diverse areas, including commercial, legal, social, environmental and political fields. This paper identifies some key features and trends in the Australian ADR context.

The Failure Of Prosecutorial Discretion And The Deportation Of Oscar Martinez., Bill Ong Hing

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

There Is No App For That: The Need For Legal Educators And Practitioners To Comply With Ethical Standards In The Digital Era, Katerina P. Lewinbuk

University of Florida Journal of Law & Public Policy

No abstract provided.

Employee Benefit Plans, New Edition As Of January 1, 2013; Audit And Accounting Guide, American Institute Of Certified Public Accountants (Aicpa)

Industry Guides (AAGs), Risk Alerts, and Checklists

No abstract provided.

Hilton Head Island Development Corp. V. Dubois, United States District Court For The District Of South Carolina

Historical and Topical Legal Documents

No abstract provided.

220 Years Later And The Commonwealth Is Still Imposing Laws On The United States, Michael P. Geiger

Vanderbilt Journal of Transnational Law

The United States has been combating the bribery of foreign officials for 35 years through the Foreign Corrupt Practices Act (FCPA). Both domestic and international prosecutions for bribery remained almost nonexistent for decades. In recent years, the United States experienced an explosion of enforcement actions under the FCPA. Broad enforcement theories and increased prosecutorial effort have greatly expanded the scope of the FCPA. Moreover, the passage of the UK Bribery Act in 2010 has forced many U.S. organizations to face additional and conflicting antibribery regimes. Although the United States remains the world leader in prosecuting the bribery of foreign officials, …

The Billable Hour Is Dead. Long Live…?, Robert Hirshon

Articles

The legal profession, of course, quickly comprehended that pursuant to the hourly approach to billing, two factors were paramount: the total amount of hours it took to complete a matter and the amount of dollars charged per hour. As both transactions and litigation became more complex, law firms found it necessary and easy to justify adding bodies (read: hours) to their clients' legal projects. With the number of legal projects increasing as a result of explosive economic growth in both developed and developing nations, the demand for top legal talent during most of the 1980s, 1990s, and early 2000s was …

Supranational? Federal? Intergovernmental? The Governmental Structure Of The European Union After The Treaty Of Lisbon, Roger J. Goebel

Faculty Scholarship

The goal of this article is to provide an overview of the progressive augmentation of the supranational character of the governmental structure of the initial EEC, gradually evolving into the present European Union, particularly as a consequence of revisions to the constituent Treaties. Part I of this article presents the European Commission, the initial institution whose structure and operations have always been markedly supranational in character and which has always been dedicated to the promotion of supranational goals. Part II examines the Council of Ministers, the political institution that is intrinsically intergovernmental in character, but whose operational role in the …

Transactional Drafting: Using Law Firm Marketing Materials As A Research Resource For Teaching Drafting, Edward R. Becker

Articles

Since I started teaching drafting, I would like to think that I have continued to learn some lessons about teaching both the substance and the skills of transactional drafting. One of those lessons that I am going to be talking about today is one that I stumbled across by happy accident rather than one that I consciously sought. Specifically, I want to talk about and highlight the ways that law students can use law firm marketing materials to increase their understanding of both drafting and lawyering skills in law school and, hopefully, in practice.

Interpersonal Power In The Criminal System, Kimberly A. Thomas

Articles

This Article identifies the workings of interpersonal power in the criminal system and considers the effect of these cases on criminal theory and practice. By uncovering this phenomenon, this Article hopes to spark a legal academic dialogue and inquiry that has, until now, been unspoken. This Article has roots in my former work as a Philadelphia public defender and in my current work as a clinical professor with students who appear in criminal and juvenile court. As an advocate for the poor in a busy courthouse, one of a lawyer's tasks is to discover the multiple "real" stories behind the …

Educating Law Students For The Practice: If I Had My Druthers , Solomon Oliver Jr.

Journal of Dispute Resolution

I address below those areas which I believe deserve some added attention from law schools, based on my experience with the lawyers who have appeared before me and my law clerks over more than nineteen years.

New York Law School Magazine, Vol. 32, No. 2, New York Law School

New York Law School Magazine

Features:

Dean Crowell Unveils NYLS Strategic Plan

Annual Gala Celebrates Four Groundbreaking Alumni

New York Law School’s New Two-Year J.D. Program Is Frist in Nation to Reduce Cost by a Third

The Impact Of Intimate Partner Violence On Breastfeeding: A Demographic And Health Surveys Analysis Of India, Nepal And Timor-Leste, Aliya Cecilia Roginiel

Public Health Theses

Objective: The objective of this study is to evaluate the association between lifetime experience of intimate partner violence (IPV) and breastfeeding in India, Nepal and Timor-Leste.

Methods: Women respondents, between the ages of 15 and 49 years, whose last child was under or equal to 2 years of age and a singleton birth and who were applied the domestic violence module, were included in the final study sample for each country. Logistic regression analyses were used to investigate any unadjusted associations between any lifetime IPV, any physical IPV, any sexual IPV or both and the following breastfeeding outcomes: early breastfeeding …

The Legality Of State Protectionist Laws Against Legal Process Outsourcing, Anne J. Lee

Colorado Technology Law Journal

No abstract provided.

The Business Of Startup Law: Alternative Fee Arrangements And Agency Costs In Entrepreneurial Law, Sarah Boulden

Colorado Technology Law Journal

No abstract provided.

Wage Dispersion Between College Majors, Erwin Ma

Dissertations and Theses

"The United States has benefitted from an educated workforce that has been integral to the growth in productivity and innovation in various industries. The education system, which was built to be largely public and egalitarian, allowed individuals of every background to reach their productive potential. Human capital development theorists believe that education is the key to increasing productivity. The skills taught from primary schools, on-the-job training, and institutions of higher education are treated as investments in the individual which lead to higher wages. A degree can also serve as a signaling mechanism to employers, which suggests that an individual may …

Where The Fcra Meets The Fdcpa: The Impact Of Unfair Collection Practices On The Credit Report, Mary B. Spector

Faculty Journal Articles and Book Chapters

This Article explores the impact that contemporary practices in consumer debt collection litigation may have on credit reporting and scoring. In doing so, it pays particular attention to available data regarding the use of unfair collection practices in such litigation, and considers whether consumer reports of such litigation unfairly burden consumers’ ability to obtain housing, employment, insurance, or credit. It highlights some of the obstacles consumers face at the intersection of the Fair Debt Collection Practices Act and the Fair Credit Reporting Act and considers alternative proposals to provide fair and accurate information relating to consumer debts while also preventing …

Improving The Lives Of Individuals In Financial Distress Using A Randomized Control Trial: A Research And Clinical Approach, Lois R. Lupica, Dalie´ Jimenez, D. James Greiner, Rebecca L. Sandefur

Faculty Publications

This Article describes an ambitious Randomized Control Trial (RCT) in the area of consumer debt collection. Randomized trials are the same kind of evaluation that the law requires (or at least strongly encourages) before new drugs and medical devices may be sold to the public. Although they have not yet gained widespread popularity in the evaluation of legal systems, randomized trials are uniquely effective ways of assessing whether any benefits observed after implementation of legal or educational assistance programs are really due to those programs as compared to other factors, such as unusual levels of competence or motivation of program …

The Relationship Between Small Urban High Schools And Resiliency In At-Risk Students, Monique A. Darrisaw-Akil

Seton Hall University Dissertations and Theses (ETDs)

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Stories Of Money: Building Social Capital Through Time Banking, Stacey Anne Jacobsohn

Communication & Leadership Dissertations and Theses

This study explored communication and ethical investment in social capital to improve quality of life through the lens of time banking, a model of alternative currency. Previous studies of time banking noted a distinct set of characteristics of time banks that contrast with capitalist-based systems while using similar language; these were compared to research of social capital and social networks. Seven participants were interviewed at-length as representatives of the time bank movement. Stories of money framed theoretical constructs in practice on a daily basis and future visioning of the movement. Further analysis using the dialogic ethic of Martin Buber and …

Domestic Violence Does Not Discriminate By Color Or Race: Examining Domestic Violence Comparatively In The Jewish And Latino Communities, Victoria Gonchar

Student Works

No abstract provided.

The Lawyer's Toolbox: Teaching Students About Risk Allocation, Dana Malkus, Scott Stevenson, Eric J. Gouvin, Usha Rodriques

Faculty Scholarship

This Article is the transcript of a panel presented at Emory’s Third Biennial Conference on Transactional Education. The panel focuses on techniques for teaching risk allocation as part of transactional skills classes. The panelists describe their approaches to teaching risk allocation, from syllabus design to final evaluations. How can a professor help students to understand the basic concepts of risk, the role risk plays in business and legal decisions, and how they can help clients manage risk. The techniques for teaching risk allocation include hypotheticals, visual aids, and hands-on assignments. The panelists each take their students down a different path …

Marini V. Ireland: Protecting Low Income Renters By Judicial Shock Therapy, Richard H. Chused

Articles & Chapters

No abstract provided.